albert brown raped a teenage girl almost 0 years ago using -- 30 years ago using her own shoe laces to strangle her his fate rests with the legal system no sooner had he lost in marin superior court today. >> mr. brown cannot prove he will suffer pain if executed under the current regulations. >> reporter: than his advocates appealed higher federal courts being asked to step in too. >> almost 30,000 californians objected to the lethal injection regulations and almost all of those objections were ignored and serious problems with regulations remain. >> reporter: california's new lethal injection chamber allows a 3 drug combination, or one powerful sedative but the protocol is moot if execution is delayed into friday. that is the day san quentin's only stock of sedative expires. then the state's next chance to execute brown will come after the first of the year. >> now what the state is saying we will use the drug, a couple days before it expires, i think that raises some questions about whether the drug has the efficacy needed to be used in a humane execution. >> the chamber is prepared